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BlueTeam rpt UOF2014-0496_RedactedLong Beach Police Dept Use Of Force Report Print Incident Details Date Received Date of Occurrence Time of Occurrence 12/04/2014 12/04/2014 22:03 Record ID Number DR Number IA No 8986 14-73277 UOF2014-0496 Date/Time Entered Entered By Assigned Investigator 12/05/2014 20:27 Sergeant Robert Kuroda [Incident pending assignment] Incident Summary Dispatch: Officers G. Carrillo and A. Sturgeon were conducting a crime suppression patrol at Mc Arthur Park for drug activity, robberies and homeless issues due to complaints from area residents. They observed and others in the park after it was closed. The group dispersed upon the arrival of their marked black and white police vehicle. walked to the area of Anaheim St and Gundry Ave where they contacted him on the south side of the street. then fled from the officers and they gave chase. Force Used: fled southbound to the rear of Hoffman Avenue to avoid the officers. Carrillo and Sturgeon chased after and they heard what sounded like someone trying to go over a fence. Sturgeon then ran around to the alley rear of Hoffman in an attempt to contain Carrillo went to the rear of the property and saw try to climb over a fence. He ordered to get on the ground at gunpoint, due to the possibility of him being armed. then reached into his pants pockets. Carrillo ordered to stop this action and to lie on the ground. did not comply. Carrillo holstered his weapon, approached and struck him twice in the left forearm with his flashlight. The strikes were ineffective and continued to reach into his pockets and discard items over the fence. At this point, Carrillo believed was trying to discard narcotics. Carrillo again ordered to the ground. did not comply and advanced towards him. Carrillo struck him twice more with his flashlight in the left forearm (force was ineffective) and he still did not comply. Carrillo then grabbed and forced him to the ground. While on the ground, trapped Carrillo’s right leg with his left arm by encircling it. Carrillo tried to free himself but could not and felt was attacking him. Carrillo then struck left upper arm twice, but the blows were ineffective and he could not break free. Carrillo then removed his electronic control device (ECD) and discharged it at The probes made contact with body and a ECD cycle was completed. was ordered to lie on his stomach. He did not comply and rolled onto his back. Carrillo feared that was trying to dislodge the probes. Carrillo then cycled his ECD a second time. was ordered to lie on his stomach again and he did not comply. Carrillo then cycled his ECD a third time. Sturgeon finally arrived and jumped the fence to Carrillo’s location. then complied, rolled onto his stomach and was handcuffed without further incident. Injuries: sustained the following injuries: a broken rib on the right side, ¼” abrasions on both shoulders, ECD probe punctures to the top of the left shoulder and left pectoral muscle (above a tattoo), and complaint of pain to his left arm. It should be noted that the treating physician did not advise PD personel of broken rib until 0600 hours and filing officers and I had filed our reports and left by then. was admitted to the hospital earlier due to his drug use and a Released Not Booked was conducted. Later, Sergeant Hotchkiss learned from Officer Robles that had sustained a broken rib on the right side. It was then that Internal Affairs Sergeant J. Richardson was advised. Photographs/Videos: Officer D. Hara took photos of the UOF incident location, and Carrillo. There were no video cameras in the alley or in the back of the property where the incident occurred. There is video footage from McArthur Park of walking prior to his police contact on the south side of Anaheim and Gundry. The video then pans and a marked black and white police vehicle is seen driving east on Anaheim Street west of Gundry Ave. Statements: I digitally recorded an interview with and later uploaded the audio into Medio. Witnesses were located and their statements were included in Officer Sturgeon’s report. signed a Medical Release Authorization Form. Conclusion/Actions: Based upon my investigation and information provided to me, it is my opinion that the force used appears to be objectively reasonable, effective, and within policy. Notifications: Watch Commander, Lieutenant J. Gaynor was notified of the use of force. It was later determined that sustained a broken rib. Lieutenant Gaynor was unaware of this injury. I did not become aware of this injury until 1000 hours the following morning. Sergeant J. Hotchkiss notified Internal Affairs Sergeant J. Richardson of the broken rib. Incident Location Addresses Latitude, Longitude = Hoffman Avenue, Long Beach, CA, 90813 - Location of Occurrence: Los Angeles Use of Force Details Reason For Using Force Service Being Rendered More Than 1 Citizen Involved Resistive/Combative Self Initiated No Weather Condition Light Condition Distance to Citizen Clear Night-Darkness 1 feet to 3 feet Citizen Injured Citizen Hospitalized Citizen Arrested Yes Yes Yes Citizen Build Citizen Height Citizen Influence Assessment Large 5'10'' to 6'0''Signs of Drug Impairment Officer(s) Injured Officer(s) Taken to Hospital No No Reporting/Involved Citizen Daniel Robert Mc Mahan Date of Birth: 07/30/1964 Race: Black Ethnicity: Unknown Gender: Male Addresses Phone Numbers [None Entered] Role: [None Entered] Type of Resistance Citizen Used Against Officer • Failure to Comply • Bodily Force Injuries Sustained By Citizen Injury Region Injury Location Minor 3, 7, 10, 5, 5, 5 2, 3, 4, 5, 6, 7 Serious 8 1 Charges Against Citizen • Misdemeanor • RNB Incident Officers Sergeant Gabriel Carrillo - 6184 Assignment at time of incident: Police Officer Cop/Patrol/West/Cfs/W3 Shift C Afternoons Video Footage: [None Entered] Role: [None Entered] Force used by this Officer against Citizen • Flashlight - Force Effective: No Less lethal force used by this Officer against Citizen • CEW - Less lethal force effective: Yes Serial Number: X00-074497 Cartridge Number: [None Entered] Projectile/Probe Deployment: Yes Number of Air Cartridges Used: 1 Number of Cycles Through Probes: 3 Number of Probe Hits: 2 Total Number of Probes Deployed: 2 Probe Penetrate Subject's Skin: Yes Additional Cartridge Deployed: No Follow Up Drive Stun Conducted: No 3 7 6 4 5 2 1 Duration of Cycles: Automated Accidental (unauthorized) Discharge: No Direct Stun Contact: No Statistical Information Arc Display: No Citizen painted with laser/red dot: Yes Force Used Force Effective Region Point of Contact Flashlight No 6, 5 1, 2 CEW Yes 5, 7 3, 4 Injuries Sustained By Officer Injury Region Injury Location No injuries noted or visible Citizen Witnesses Date of Birth: Race: Ethnicity: Gender: Role: [None Entered] Addresses [None Entered] Phone Numbers 2 1 3 4 Date of Birth: Race: Ethnicity: Gender: Role: [None Entered] Addresses Phone Numbers Date of Birth: Race: Ethnicity: Gender: Role: [None Entered] Addresses Phone Numbers Date of Birth: Race: Ethnicity: Gender: Role: [None Entered] Addresses [None Entered] Phone Numbers Categories • Available for Public Disclosure Tasks Task Description Date Due Date Completed Summary Running Sheet Entries No running sheet entries to show Attachments No Attachments Assignment History Date/Time Sent From To Activity 02/10/2015 19:07 DEP R Conant Released back to IAPro Chain of Command History Routing Number: 1 From Sergeant Robert Kuroda To Lieutenant Joseph Gaynor Cc: Date/Time Sent 12/06/2014 12:45 Instructions From [Sergeant Robert Kuroda ] To [Lieutenant Joseph Gaynor ] Please review. Lt Davidson is Carrillo's Lt but will be absent from work until Dec 24th. Faris is the acting Lt Comments/Response From [Lieutenant Joseph Gaynor ] Force was reasonable in the arrest of a fleeing suspect who actively fought with the solo officer. The flashlight strikes seemed ineffective and the officer resorted to the taser after the suspect grabbed the officer's leg during the altercation. As mentioned above, I was not notified of the rib injury. Internal Affairs was notified when the officers were advised of the injury by hospital staff. Routing Number: 2 From Lieutenant Joseph Gaynor To Lieutenant Douglas Davidson Cc: Lieutenant David Faris Date/Time Sent 12/10/2014 23:23 Instructions From [Lieutenant Joseph Gaynor ] To [Lieutenant Douglas Davidson ] Doug, For your review. I also cc'd Sgt. Faris being that he is your actor. Comments/Response From [Lieutenant Douglas Davidson ] No further action Routing Number: 3 From Lieutenant Douglas Davidson To Lieutenant John Kanaley Cc: Date/Time Sent 12/25/2014 13:54 Instructions From [Lieutenant Douglas Davidson ] To [Lieutenant John Kanaley ] For your review Comments/Response From [Lieutenant John Kanaley ] [Forwarded by Lieutenant John Kanaley] Routing Number: 4 From Lieutenant John Kanaley To Lieutenant Christopher Morgan Cc: Date/Time Sent 12/31/2014 09:36 Instructions From [Lieutenant John Kanaley ] To [Lieutenant Christopher Morgan ] 925D subject fled from detention when officers were conducting investigation regarding narcotic sales in MacArthur Park. After foot pursuit, subject still did not comply with the officer's orders and was struck with a flashlight. The officer was then forced to use his ECD to gain compliance. Force was reasonable. Please review and forward. Comments/Response From [Lieutenant Christopher Morgan ] [Forwarded by Lieutenant Christopher Morgan] Routing Number: 5 From Lieutenant Christopher Morgan To Deputy Chief Richard Conant Cc: Date/Time Sent 01/16/2015 10:11 Instructions From [Lieutenant Christopher Morgan ] To [Deputy Chief Richard Conant ] UOF is approved and in policy. Comments/Response From [Deputy Chief Richard Conant ] Routing was NOT handled in BlueTeam. The incident was forwarded into IAPro by IAPro user Commander Richard Conant